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Sixth quarterly Accession watch report “ABOUT THE LESS LESS POSITIVE THINGS” July, 2010 “ABOUT THE LESS LESS POSITIVE THINGS” Sixth quarterly Accession watch report Publisher: Foundation Open Society Institute - Macedonia For the publisher: Vladimir Milcin, Executive Director Prepared by: Macedonian Center for European Training and Foundation Open Society Institute - Macedonia Proof reading and Translation in to English: Abacus Design & Layout: Brigada design, Skopje Print: Propoint Circulation: 750 CIP – Katalogizacija vo publikacija Nacionalna i univerzitetska biblioteka ,,Sv. Kliment Ohridski”, Skopje 341.171.071.51(4-672EU:497.7)“2009/10“ ZA pomalku pomalku pozitivnite raboti : {esti izve{taj od sledeweto na procesot na pristapuvawe na Makedonija vo EU. - Skopje: Fondacija Institut otvoreno op{testvo - Makedonija, 2010.- 90, 86 str. ; 18x24 sm Nasl.str. na pripe~atenoiot tekst : Abouth the less positive things. - Obata teksta me|usebno pe~ateni vo sprotivni nasoki. - Tekst na mak. i angl. jazik ISBN 978-608-218-070-0 a) Makedonija - Za~ lenuvawe - Evropska Unija - 2009-2010 COBISS.MK.ID 84505610 CONTENT I. WHERE ARE WE IN JULY 2010? 5 2.7. Judiciary, Independence and Budget 32 1. THE GOVERNMENT IN A DIFFERENT UNIVERSE 6 2.8. Administration Court Track Record 33 2. READING COMPREHENSION 8 2.9. The Government and the .. 3. REVIEW STILL IN THE DRAWER 12 Constitutional Court Wrestling 34 4. MEDIA ENCAGED BY TOTALITARIANISM 14 2.10. Conclusions and Recommendations 34 5. THE VOICE OF CITIZENS 16 3. DIRE PRISONS 35 6. METHODOLOGY 18 3.1. Res, non verba! 35 3.2. Macedonia in Wonderland 36 II. ANALYSIS 19 3.3. Virtual Investments 37 1. POLITICAL DIALOGUE HITS ROCK BOTTOM! 20 3.4. Conclusions and Recommendations 39 1.1. Clashes Become Practice 20 4. ODYSSEY 2010 CONTINUES 40 1.2 Veljanovski – Government’s puppet? 21 4.1. VMRO-DPMNE’s Democratic Dictatorship 40 1.3. Opposition – Wrongdoer on Call 22 4.2. Might Over Right 41 1.4. The boycott continues 23 4.3. Conclusions and Recommendations 42 1.5. Parliamentary Committees in Action 24 1.6. Parliament – the Biggest 5. IS THERE POLITICAL WILL TO FIGHT CORRUPTION? 42 Non-governmental Organisation 25 5.1. Long Way to Go 43 1.7. Conclusions and Recommendations 27 5.2. Chain of Responsibility 44 5.3. Public Pressure Always Pays Off 46 2. POPULISM IN THE JUDICIARY 28 5.4. How Are Political Parties Financed? 47 2.1. Constitutional Amendments a bluff 28 5.5. Conclusions and Recommendations 47 2.2. Appointments and Dismissals – Mainly Partisan 29 2.3. Judge, Jury and Executor 30 6. PUBLIC ADMINISTRATION – PLACE FOR SMARTALIKES 48 2.4. Where are the Academy Candidates? 30 6.1. Consolidated, Yet Not Clear 49 2.5. Judiciary, Independence and Budget 31 6.2. Law on Civil Servants – Stick Rather than Carrot 50 2.6. Court Administration Remains Utopia 31 .. 6.3. New Budget adjustment, Old Story 52 6.4. Disconcerted Government 55 6.5. Non-assessible Civil Servants 59 6.6. Where are the Projects? 59 6.7. Conclusions and Recommendations 60 7. PUBLIC ENTERPRISES - PUBLIC PETS 61 7.1. Managers Come and Go 62 7.2. Political Parties Responsible for the Demise of PE 63 7.3. Conflict of Interest - Party breaker 65 7.4. Transparency in the Macedonian Way 66 7.5. Public Enterprises and European Integration 67 7.6. Conclusions and Recommendations 68 8. PRAISE OF FOLLY 70 8.1. Where Are the Employed? 71 8.2. Less Funds for Employment 71 8.3. Laconic Government 73 8.4. People and Deeds 74 8.5. Dirty Dozen Unit 76 ... 8.6. Conclusions and Recommendations 78 III. CONCLUSIONS 80 1. ODD SURVEY 81 2. WHAT CAN BE DONE BY NOVEMBER 83 2.1. Successful Review 2010 83 2.2. Unsuccessful Review 2010 84 ...I... n October 2009, the Republic of Macedonia obtained a recommendation for opening accession negotiations from the European Commission (hereinafter: EC), but the actual date for the negotiations was not set by the Swedish Presidency, whereby Ithe issue was transferred to the agenda of the next Presidency1. The reason is clear: the name dispute with the Republic of Greece remains unresolved. The Swedish Foreign Minister, Carl Bildt, openly stressed WHERE ARE WE that “the responsibility for resolving bilateral issues primarily lies with the parties involved. You cannot wait for the world to resolve your IN JULY 2010? bilateral issue…. We cannot impose solutions! We cannot do that, nor do we want to do that”.2 1 The Council notes that the Commission recommends the opening of accession negotiations with the Republic of Macedonia and will return to the matter during the next Presidency, Council conclusions on enlargement – General Affairs Council meeting, Brussels, 7-8 December 2009; www.se2009.eu/polopoly_fs/1.27005!menu/ standard/file/111830.pdf 2 Prime-time news programme, Alsat, MTV 1, Alfa, from 22nd June 2009. 5 Sixth quarterly Accession Watch report In the course of the Spanish Presidency, Macedonia was again In this reporting period, other events relevant for Macedonia’s side-tracked and the date to start accession negotiations was not European agenda also took place. Notably, the celebration of 9th May set, although the Spanish Foreign Minister, Miguel Angel Moratinos - “Europe Day”, the meeting of high representatives from EU Member- encouraged that “the Spanish Presidency is committed to set the date States, the Western Balkans, Russia, USA and Turkey in Sarajevo on 2nd for opening accession negotiations with your country”3 during his visit to June, the meeting of the Stabilization and Association Committee in Skopje. However, Macedonia was again off the agenda of the European Skopje on 4th June and the meeting of the Stabilization and Association Council in Luxemburg, apparently “because Macedonia and Greece have Council in Brussels on 27th July. never been closer to a final solution for the name dispute as they are in this The document titled “Review to the Accession Partnership”6, which period”4, as explained by the Greek Minister of Foreign Affairs, Dimitris was submitted to the Government on 5th February and contains the Droutsas. Thus, it was considered better to postpone the discussion indicators against which EC will monitor the progress in 2010, is still concerning the date for accession negotiations for Macedonia. Such not on the Parliament agenda, nor was it discussed by the Committee statements were complemented by the European Commissioner for for European Issues or the National Council for European Integration Enlargement, Stefan Fule, who readily announced that Macedonia will within the Parliament. The present Quarterly Accession Watch Report will not need to wait for the next European Council in December, but a date analyse Macedonia’s progress against the above given developments. can be granted by the Council of Ministers of Foreign Affairs, together with Iceland, on the meeting scheduled for 27th July, provided the name dispute is solved. Unfortunately, the Council meeting went by, 1. THE GOVERNMENT IN A DIFFERENT Iceland received a date for accession negotiations, while the name UNIVERSE dispute remains unresolved and no solution seems to be seen on the Belgium took over the Presidency with the European Union on 1st horizon. The Conclusions from the Spanish Presidency, in the section July 2010. Once the consultations with civil society were completed on enlargement, do not even mention Macedonia and only refer to the in February 2010, the Belgian Secretary of State for European Affairs, following: “significant progress has been made in the negotiations with Olivier Chastelain, announced the six priorities proposed for the Belgian Croatia with the closing of three chapters and the opening of five. A Presidency aligned with the joint programme of the EU Presidency Trio chapter with Turkey has also been opened, and the negotiation process Spain-Belgium-Hungary7, those being: 1) implementation of the Lisbon of the Stabilization and Association Agreement with Serbia has been Treaty; 2) promotion of EU 2020 Strategy, which defines European unblocked“5. policies for the next decade; 3) international negotiations on climate change and energy; 4) implementation of the Stockholm Programme in 3 Prime-time news programme, Kanal 5, 20th April 2010. 4 Prime-time news programme, A1, 15th June 2010. 6 For more details on the document see the Fifth Quarterly Accession Watch Report 5 http://www.eu2010.es/en/transcripcion.html?video=/en/documentosynoticias/ “Who Needs a Parliament?”, April 2010, pg. 9. galeria_multimedia/videos/videoDirecto/videoDefecto.html 7 http://eutrio.es/export/sites/trio/comun/descarga/PROGRAMA_TRxO_EN.pdf 6 Where are we in july 2010? the field of justice, asylum and immigration; 5) continuation of the EU “super-delegations” were first renamed from EC Delegations into EU Enlargement Policy; and 6) preparations for the 2011 Budget and the Delegations to reflect the fact that they have greater political power. medium-term review of the financial perspective. They will assume the roles previously held by the Member-States during the 6-month presidency and will coordinate the work of the Member- The final version of the Belgian Presidency Programme reorganized States’ bilateral missions. the priorities into 5 components: 1) social and economic component (redefining sustainable development and competitiveness); 2) social Eight from these super-delegations will be located in Europe, those component (promotion of social cohesion, with higher standards, being in: Macedonia, Serbia, Norway, Switzerland, Ukraine, Armenia, better social services, fight against poverty and social exclusion, Georgia and Moldova. Twelve will be located in Asia and in the Pacific, better health and old age and fight against violence against women); and the remaining will be in Africa. The selection of the super- 3) environment (transition towards green economy); 4) the Stockholm delegations was made by the new Head of External Relations, Catherine Programme (consolidation and completion of the European Area of Ashton, in consultation with EU Member-States.